MAKATI REMINDS MMDA OF ITS LIMITATIONS

PRESS RELEASE
24 SEPTEMBER 2009
REF: MAKATI ICRD , 8998954

A Makati City official today reminded the Metropolitan Manila Development Authority (MMDA) that it does not have the authority to issue traffic violation receipts (TVR) within localities in Metro Manila.

Makati Department of Public Safety (DPS) Director Hermenegildo San Miguel said the MMDA does not have the power to legislate and issue traffic citation tickets without the proper ordinances approved by the city and municipal councils.

“The MMDA is a coordinating agency and not a legislative body. They must abide by the laws of the different localities and must be reminded of its limitations,” San Miguel said.

San Miguel said MMDA Chairman Bayani Fernando was not fully informed when he cited a legal opinion penned by former Justice Secretary Simeon Datumanong that purportedly guaranteed the MMDA’s authority to issue TVRs, in reaction to an order from the Manila city government banning the agancy’s enforcers from issuing TVRs in the city.

San Miguel cited the provisions in the Local Government Code delegating traffic management to mayors and the Supreme Court decision on the case of MMDA vs. Bel-Air.

In its decision, the SC held that the MMDA is not a political government unit and has no power to approve ordinances and impose penalties.

“With all due respect, the opinion of the Justice Secretary cannot supersede the ruling of the Supreme Court, which forms part of the law of the land,” he said

San Miguel also clarified Fernando’s claim that Manila was the only local government unit in Metro Manila where the MMDA is not allowed to issue traffic citation tickets.

He said that Makati City also does not allow the MMDA to issue their TVRs unless they are deputized by the city government.

Deputization is allowed under the Traffic Code of Makati and other local governments in Metro Manila. However, the MMDA refused to be deputized by Makati .

“It seems that the MMDA needs to be reminded that it is merely a coordinating body and has no authority to pass ordinances. This was the ruling of the Supreme Court. Only the local governments have the authority to regulate traffic in their jurisdiction, based on provisions of the Local Government Code,” San Miguel said.